Justia U.S. 6th Circuit Court of Appeals Opinion Summaries

In September 2020, Jesse Fairley was observed by law enforcement conducting hand-to-hand drug transactions in a convenience store parking lot. When officers approached and searched the vehicle Fairley had been using, they found crack cocaine, marijuana, cash, and two loaded firearms. Fairley was charged and convicted of possessing with intent to distribute crack cocaine, being a felon in possession of firearms, and possessing a firearm in furtherance of a drug trafficking crime. He received a thirty-year sentence and appealed his conviction.The United States District Court for the Northern District of Ohio denied Fairley's motions for acquittal, finding sufficient evidence for the jury to convict him. Fairley raised five issues on appeal, including the sufficiency of the evidence, the jury instructions on third-party guilt, the cumulative effect of evidentiary rulings, alleged improper communications with a defense witness, and improper closing remarks by the prosecution.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the lower court's decision. The court found that there was substantial evidence to support Fairley's convictions, including his proximity to the drugs and firearms, his observed drug transactions, and his evasive behavior. The court also determined that the jury instructions were not misleading, the evidentiary rulings were within the court's discretion, and there was no substantial interference with the witness's decision to testify. Additionally, the court found that the prosecution's closing remarks did not constitute plain error or prosecutorial misconduct. View "United States v. Fairley" on Justia Law

Larry Householder, former Speaker of the Ohio House of Representatives, and lobbyist Matthew Borges were convicted of conspiring to solicit and receive nearly $60 million in exchange for passing a billion-dollar bailout for a failing nuclear energy company, FirstEnergy Corp. Householder used the funds to support his bid for the speakership and to recruit candidates who would vote for him. Borges played a role in the conspiracy by attempting to disrupt a referendum campaign against the bailout legislation.The United States District Court for the Southern District of Ohio at Cincinnati found both Householder and Borges guilty after a 26-day trial. Householder was convicted of multiple counts, including public-official bribery, private-citizen bribery, and money laundering. Borges was also found guilty of participating in the conspiracy.The United States Court of Appeals for the Sixth Circuit reviewed the case and found no reversible error, affirming the convictions. The court held that the evidence was sufficient to support the jury's findings that Householder and Borges engaged in a quid pro quo arrangement with FirstEnergy. The court also upheld the jury instructions, finding them consistent with applicable law, and rejected Householder's claims of insufficient evidence, right to counsel violations, and judicial bias. Additionally, the court found that the district court did not abuse its discretion in its evidentiary rulings or in admitting the guilty pleas of co-conspirators.Householder's sentence of twenty years, the statutory maximum under RICO, was deemed procedurally and substantively reasonable. The court emphasized the magnitude and severity of Householder's offense, referring to it as the "biggest corruption case in Ohio's history." Borges's arguments regarding the sufficiency of the evidence and the district court's evidentiary rulings were also rejected, and his conviction was affirmed. View "United States v. Householder" on Justia Law

In 2014, federal law enforcement began investigating a website known as "Playpen," used to distribute child pornography. The Department of Justice obtained a warrant to reveal the IP addresses of Playpen users, leading to the identification of Eric Schuster in Ohio. A search of Schuster's residence uncovered multiple devices containing thousands of images and videos of child pornography. In May 2016, Schuster was indicted on three felony child pornography counts and detained pretrial.The case experienced significant delays in the district court. Initially, Schuster requested several continuances to review discovery and prepare motions. Over the next three years, Schuster's litigation conduct, including filing and withdrawing motions and requesting new counsel, contributed to the delays. In April 2019, Schuster's motions were fully briefed, but the district court took no action for twenty months. In December 2020, Schuster requested a status conference, and the court stayed proceedings for additional discovery. Another eighteen months passed without action on Schuster's motions.Schuster moved to dismiss his indictment in August 2022, arguing the delay violated his Sixth Amendment right to a speedy trial. The district court initially denied the motion but later reconsidered and dismissed the indictment with prejudice, finding the delay attributable to the court and the impact of incarceration during the COVID-19 pandemic.The United States Court of Appeals for the Sixth Circuit reviewed the case and applied the Barker v. Wingo factors. The court found that Schuster was responsible for much of the delay and failed to assert his right to a speedy trial in a timely and consistent manner. Additionally, Schuster did not demonstrate substantial prejudice resulting from the delay. The court concluded that Schuster's Sixth Amendment right was not violated and reversed the district court's decision, allowing the prosecution to proceed. View "United States v. Schuster" on Justia Law

Amaury Villa participated in two significant burglaries in 2011, stealing $61 million worth of pharmaceuticals from an Eli Lilly warehouse in Connecticut and $1.5 million worth of cigarettes from a warehouse in Kentucky. He was indicted by federal grand juries in Florida, Connecticut, and Kentucky. Villa pled guilty in the Florida and Connecticut cases, receiving concurrent prison terms of 140 and 98 months, respectively. In January 2016, Kentucky prosecutor Joshua Judd emailed Villa’s attorney, Donald Meier, a proposed plea agreement that did not mention concurrent sentencing. Villa later pled guilty without a plea agreement and was sentenced to 77 months, to be served consecutively.Villa moved to set aside his Kentucky sentence under 28 U.S.C. § 2255 in January 2019, claiming ineffective assistance of counsel. He later sought to amend his motion to add a claim that Meier failed to inform him of a potential cooperation agreement. The district court initially denied the motion as untimely. On appeal, the Sixth Circuit remanded for an evidentiary hearing on the timeliness of the claim. The district court found the claim timely but denied it on the merits.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s decision. The court found that Judd’s January 21 email did not constitute a formal plea offer but was an invitation to negotiate. The court also found that Meier had informed Villa of the January 9 plea offer, which was discussed at Villa’s change-of-plea hearing. The court concluded that Meier’s performance was not deficient and that Villa himself impeded further negotiations by refusing to provide additional information about his co-conspirator. The district court’s judgment denying Villa’s motion to vacate, set aside, or correct his sentence was affirmed. View "Villa v. United States" on Justia Law

Sonya Kenette Brown, a City Council member in Albion, Michigan, was prosecuted for allegedly violating a City Charter provision that prohibits council members from directing the appointment or removal of city employees. Brown claimed that her political opponents on the City Council engaged in retaliatory prosecution and arrest, malicious prosecution, and conspiracy to violate her civil rights. She also challenged the constitutionality of the City Charter provision.The United States District Court for the Western District of Michigan dismissed Brown's claims of retaliatory prosecution and arrest, malicious prosecution, and conspiracy, finding that there was probable cause for her prosecution based on her Facebook messages. The court also granted summary judgment to the defendants on Brown's claim that the City Charter provision was unconstitutional.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed the district court's dismissal of Brown's claims, agreeing that there was probable cause for her prosecution. The court found that Brown's Facebook messages provided sufficient evidence to believe she had violated the City Charter by directing the removal of a city employee. The court also held that the City Charter provision was not unconstitutionally vague or overbroad, as it provided clear standards and did not prohibit a substantial amount of protected speech.The Sixth Circuit concluded that Brown's claims failed because she could not demonstrate an absence of probable cause, and the City Charter provision was constitutionally valid. The court affirmed the district court's judgment in favor of the defendants. View "Brown v. City of Albion, Mich." on Justia Law

Federal law enforcement investigated crystal-methamphetamine trafficking in rural eastern Tennessee in July 2019, leading them to Derrick Mitchell in Knoxville. In October 2020, authorities executed a search warrant at Mitchell’s home, finding drugs, firearms, ammunition, and cash. Mitchell pleaded guilty to conspiring to distribute methamphetamine and to commit money laundering. He waived his right to appeal unless the district court imposed an above-Guidelines sentence. The district court accepted his plea and imposed a below-Guidelines sentence.The United States District Court for the Eastern District of Tennessee accepted Mitchell’s plea agreement, which included a stipulation that no other upward enhancements would apply apart from a two-level increase for money laundering. However, the probation office recommended additional enhancements, including one for possessing a firearm in connection with a drug-trafficking offense. Mitchell’s counsel did not initially object to the presentence report, and the district court adopted it in full. Later, Mitchell’s counsel raised the issue of the firearm enhancement, but the court explained that the stipulations in the plea agreement were not binding.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Mitchell’s appeal must be dismissed because he waived his right to appeal under the plea agreement, which was voluntarily accepted. The court found no plain error in the district court’s acceptance of Mitchell’s plea, as the court had adequately informed him of the consequences, and Mitchell understood the nature of his plea. The court also determined that the government did not breach the plea agreement, as it had not promised that only one enhancement would apply and had not objected to the probation office’s recommendation. The appeal was dismissed in accordance with the plea agreement’s appellate waiver provision. View "United States v. Mitchell" on Justia Law

Jeremy Mooney, a former deputy in the Pike County Sheriff’s Office, was convicted of two counts of depriving an inmate, Thomas Friend, of his civil rights under color of law, in violation of 18 U.S.C. § 242. The incidents occurred on November 17-18, 2019, when Mooney pepper sprayed and punched Friend multiple times while Friend was restrained in a chair. Surveillance footage captured these events. Mooney claimed his actions were in response to Friend spitting on him and that he was instructed by his supervisor to use pepper spray.The United States District Court for the Southern District of Ohio denied Mooney’s motion to dismiss the indictment, which argued that the government destroyed exculpatory video evidence in bad faith. The court found no bad faith or exculpatory value in the lost footage. At trial, the jury found Mooney guilty on both counts. The court also excluded evidence of Friend’s Hepatitis C, ruling it irrelevant and potentially prejudicial. Mooney was sentenced to 100 months in prison, with an enhancement for obstruction of justice based on allegedly false trial testimony.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court affirmed Mooney’s conviction, finding sufficient evidence that Mooney acted willfully to deprive Friend of his constitutional rights. The court also upheld the district court’s evidentiary rulings, including the exclusion of the Hepatitis C evidence and the admission of testimony from Deputy Jonathan Chandler about police training.However, the Sixth Circuit vacated Mooney’s sentence and remanded the case for further proceedings regarding the obstruction of justice enhancement. The court found that the district court failed to make specific findings necessary to establish perjury, as required for the enhancement. The case was sent back to the district court to either resentence Mooney or make the required factual findings. View "United States v. Mooney" on Justia Law

Police stopped Prince Irell Seuell in Van Buren County, Michigan, in November 2023, discovering drugs, a semiautomatic pistol, and an outstanding warrant. Seuell pleaded guilty to possessing a firearm as a felon, and the government dropped the drug distribution charge. The presentence report calculated a Guidelines range of 70 to 87 months, and the district court sentenced Seuell to 70 months.Seuell challenged his conviction and sentence. He argued that the felon-in-possession statute violated the Second Amendment as applied to him, but he waived this argument at sentencing. The district court offered to appoint new counsel to file a motion challenging the statute, but Seuell chose to proceed with sentencing without raising the motion. The court found this waiver binding.Seuell also contested the base offense level set by the presentence report, arguing that he did not know his pistol could carry a large capacity magazine. The United States Court of Appeals for the Sixth Circuit held that the relevant Guideline does not contain a state-of-mind requirement and applies whenever the firearm qualifies. The court noted that the Sentencing Commission knew how to add a state-of-mind requirement when it wished to do so and rejected Seuell's argument.Additionally, Seuell challenged the district court’s enhancement for using a firearm in connection with another offense. The Sixth Circuit found no clear error in the district court’s finding that Seuell committed another felony offense and connected his pistol to drug trafficking. The court noted that the drugs and drug paraphernalia were found in close proximity to the loaded pistol, supporting the enhancement.The United States Court of Appeals for the Sixth Circuit affirmed Seuell’s conviction and sentence. View "United States v. Seuell" on Justia Law

Three federal prisoners, Jason Bricker, Ellis McHenry, and Lois Orta, sought compassionate release under 18 U.S.C. § 3582(c)(1)(A), citing a new policy statement by the Sentencing Commission, U.S.S.G. § 1B1.13(b)(6). This policy allows for sentence reductions based on nonretroactive changes in the law if certain conditions are met, including serving at least 10 years of an "unusually long sentence" and a "gross disparity" between the actual and hypothetical sentences under current law.In the Northern District of Ohio, the district court granted Bricker's motion for compassionate release, finding that his sentence would be significantly shorter under current law. The court acknowledged a Sixth Circuit precedent, United States v. McCall, which held that nonretroactive changes in the law are not "extraordinary and compelling reasons" for sentence reduction, but asserted that the Sentencing Commission had overruled this precedent. The government appealed this decision.In McHenry's case, the district court denied his motion for compassionate release, stating that applying the new policy would require disregarding the statutory mandatory minimum and the binding precedent set by McCall. Similarly, in Orta's case, the district court denied the motion, relying on McCall to conclude that nonretroactive changes in sentencing law do not constitute "extraordinary and compelling reasons" for release. Both McHenry and Orta appealed these decisions.The United States Court of Appeals for the Sixth Circuit reviewed the consolidated appeals and held that the Sentencing Commission overstepped its authority with U.S.S.G. § 1B1.13(b)(6). The court concluded that the policy statement was invalid as it conflicted with the statute and the separation of powers. Consequently, the Sixth Circuit reversed the district court's decision in Bricker's case and affirmed the denials in McHenry's and Orta's cases, denying compassionate release for all three prisoners. View "United States v. Bricker" on Justia Law

During a late-night traffic stop, officers found two firearms in Andre Whitlow’s car. As Whitlow was a felon, it was illegal for him to possess the guns. At trial, a jury found him guilty of being a felon in possession. Whitlow appealed, challenging various aspects of the traffic stop and his conviction.The United States District Court for the Northern District of Ohio denied Whitlow’s motion to suppress the firearms found during the search. The court found that Officer Kazimer had probable cause to search the car based on the marijuana observed in the vehicle. After a two-day trial, the jury found Whitlow guilty, and the court sentenced him to 120 months in prison.The United States Court of Appeals for the Sixth Circuit reviewed the case. Whitlow argued that Officer Kazimer lacked probable cause to search his car, the evidence was insufficient to convict him, the district court erroneously admitted various pieces of evidence, allowed improper testimony, and that his sentence was procedurally unreasonable. The Sixth Circuit affirmed the lower court’s decision, holding that Officer Kazimer had probable cause to search the car based on the marijuana observed, and the evidence was sufficient to support the conviction. The court also found that the district court did not err in admitting the Instagram photographs and prior police interaction as evidence, nor in allowing the officer to identify himself as being from the Homicide Unit. Finally, the court upheld the procedural reasonableness of Whitlow’s sentence, including the two-level enhancement for possessing a stolen firearm. View "United States v. Whitlow" on Justia Law